Additional bibliography: Illegal market

  • Piracy CPI, by Luiz Antonio de Medeiros. Editora Geração, 2005.
    The story of how Congressman Luiz Antonio de Medeiros defeated smuggling and counterfeiting of products in Brazil, with the cinematic prison of smuggler Law Kin Chong is the theme of the third volume of the História Agora collection. In his book, Mr Medeiros tells about the work of the CPI and the investigations are conducted in partnership with the Federal Police, which made it possible to dismantle criminal organizations and led the public to debate the damage caused by smuggling and counterfeiting. . The CPI sought to capture the 'sharks', that is, the heads of organized crime, linked to money laundering and drug trafficking, who commanded (and, according to Medeiros, unfortunately still do) the smuggling, tax evasion and fraud machine . Medeiros says that, lifting this veil, it was discovered that organized crime does not only deal with smuggling and piracy, but also finances other activities, such as money laundering from drug trafficking and the financing of terrorist groups.
  • Piracy not here !, by Adeli Sell. Editora Kad, 2004.
    Extraordinary account of fearless public administrator, Adeli Sell who describes in simple and didactic texts, the difficult task of freeing our capital from illegal activities.
  • Illicit: The Attack on Piracy, Money Laundering and Trafficking, by Moisés Naím. Editora Jorge Zahar, 2006.
    Attack on Piracy, Money Laundering and Trafficking in the Global Economy. The global networks of illegal trade in arms, drugs, human organs, immigrants, counterfeit goods, prostitutes, stolen art, in addition to terrorism and money laundering are today a consolidated part of the international economy and turn over hundreds of billions of dollars a year. In this book, Moisés Naím, carries out a detailed and pioneering investigation on a little-known side of globalization: illicit activities. Smugglers, drug dealers and pirates have always existed, but never with such great economic power.
  • How to Avoid Piracy and Coexistence Fraud, by Antonio Loureiro Gil. Atlas Publisher, 1998.
    This book deals with practices and techniques for prevention, detection and correction / punishment in situations of aggression against intangible assets - practices and information - of organizations. It focuses on the life cycle of fraud, examples of fraud, piracy and collusion, aspects of motivation, causes, operational weaknesses and consequences. Summary - Reality of Society, Business, Risks of Private and Governmental Organizations (in terms of Operational, Commercial, Accounting and Financial Management, IT and Outsourcing), How to Avoid Involvement.
  • Piracy: untie this knot, by Julia Lopes. Editora Futura, 2006.
    Piracy: Untying this knot brings together ten essays by Mr Julio Lopes on various aspects of counterfeiting and smuggling of goods, the violation of intellectual property and the dynamics of the informal economy in our country.
  • Studies to Combat Piracy in Honor of Judge Luiz Fernando Gama Pellegrini, by Eduardo Salles Pimenta. Editora Letras Jurídicas, 2011.
    The book presents to the national legal scene the exposure of researchers about the preventive and repressive vision, about the socio-legal and economic plan of the issue. Notorious are actions that violate copyrights practiced by unauthorized use, as well as the excess in the exercise of rights practiced by representatives of authors or copyright holders.
    Piracy is provided for by Decree 5. 244/2004, which in the sole paragraph of its Article 1 defines it as violating Law 9.609 and Law 9.6. The breadth of actions to typify the act of piracy reaches the use, among other creations, of audiovisual works, software, works of plastic arts, music and texts, in analog or digital language.
    In this study are found the reflections of Doctors, Masters, Graduates and Leaders of Associative Entities, who confront the fact to the law and point out their reflexes.
    It is an excellent source of consultation for all those who, working in the legal area or in all other areas related to intellectual property, are committed to fighting piracy, placing the Author / Creator above his work and as a fundamental and of the cultural evolution of any society that aims to develop legally.
  • Illegal Culture: the Moral Borders of Piracy, by Arthur Coelho Bezerra. Editora Mauad, 2014.
    Based on research work with young consumers, pirated media traders and associations that defend copyright laws, the book discusses the circulation of cultural goods in digital networks and in clandestine street markets, in view of the condition of illegality. sharing, buying and selling unauthorized copies.

Brazil loses R $ 100 billion a year due to counterfeit products, reveals ABCF

Director of the Brazilian Association to Combat Falsification (ABCF), Rodolpho Ramazzini presented during the seminar "Competitiveness in Industry - Product Traceability", promoted by the Security Department (Deseg) of the Federation of Industries of the State of São Paulo (Fiesp), this Wednesday (22), numbers alarming damage that the piracy of products provokes to Brazil. “The country loses R $ 100 billion a year in taxes that are not collected, in addition to the damage done to companies.

Read also Survey carried out by the National Forum Against Piracy and Illegality demonstrates the billionaire losses caused to the country in 2020, the first year of the pandemic

One of the demands of ABCF with the government, according to him, is that the sectors most affected have reviewed their tax rates, since the appeal of the lower price is one of the attractions of pirated products. The sector most affected is that of cigarette manufacturers, with losses of R $ 4 billion per year, resulting from the sale of pirated products. "Almost 60% of the cigarette that is sold in São Paulo is Paraguayan and is not only sold by street vendors, but also in legalized commercial establishments," he said.

"There is research showing that the number of smokers has been falling in recent years, but what is happening is the migration of consumption of legal cigarettes by illegal ones, which poses serious risks to the health of consumers," he said.

Other sectors most affected by counterfeiting are auto parts, beverages, designer brands of clothing and eyewear.

"Brazil loses a lot of money with tax evasion, which could be invested in health and education and still equip the government to precisely stop these illegal practices," he said. Ramazzini also pointed out that the number of inspection agents in Brazil is very small in relation to other countries, even though they have an extensive border area, through which various products enter and leave.

This year, according to the specialist, the Federal Revenue carried out 630 operations, but the volume of illegal products entering the territory, across borders, is quite high. In addition, he pointed out that products that do not require a high technological level are counterfeit and made within the country and in several states. The specialist cited several seizures of pirated products carried out jointly with the Federal Police this year. THE falsificação of drinks is very big, according to him, but not only of whiskeys, as in the past. “We made draft beer seized. They take empty barrels from other companies and fill them with the counterfeit drink, ”he explained.
For Ramazzini, differently from previous decades, pirated products today have offered a greater risk to consumer health and safety, such as food, electrical equipment, among others. He cited product seizures, such as beer, milk, cleaning products, among others. If you recently discovered falsificação and sale of counterfeit electrical wires and cables, including in large retail chains.
According to Ramazzini, the industry must be organized to act in a cohesive manner and work together so that criminals realize that it is prepared for this fight. “There are sectors that are affected by almost 50% by piracy. As the national industry, by paying the tax burden it pays, with high labor charges, will be able to compete with this unfair competition? ”He asked.
"Only a cohesive work of the private initiative articulated with associations such as ABCF, Fiesp and the public power can curb these actions". (

Siege on the sale of stolen goods

The government of São Paulo enacted Law 15.315 / 14 in January, which revokes state registration of an establishment that acquires, sells, transports or stores theft or theft product. The penalty is valid even when reception is not proven and is effective even in cases where there is only resale and exposure of irregular products.

Company partners are also prohibited from exercising the activity of the establishment punished for five years. During this period, they cannot apply for a new company, even at another address. In addition, they must pay a fine in the amount of twice the value of products of criminal origin.

The rule also provides for disclosure of companies punished in the Official Gazette of the State of São Paulo and the loss of tax credit. It also determines that the fines collected should be fully invested in combating theft and theft of cargo, as well as in the sale of counterfeit and misplaced products. Law 15.315 / 14 is still awaiting regulation.

ABES signs partnership with Boa Vista Serviços, SCPC administrator

In order to make entrepreneurs aware of the importance of using original software in their companies, the Legal Entrepreneur initiative, promoted by ABES (Brazilian Association of Software Companies) with support from ETCO, signed a partnership with Boa Vista Serviços, administrator of the SCPC.

Having ethical conduct as one of its main corporate values, Boa Vista SCPC believes that the correct management of software licenses is a way of promoting prosperity for all and, consequently, contributing to the country's progress.

The use and / or acquisition of software without the corresponding use licenses, or even in disagreement with the applicable use license agreement, can have legal implications (criminal and civil) related to piracy, unfair competition and tax evasion.

To ensure compliance with the law and a better future for the country, ABES and Boa Vista recommend effective management of software licenses in use by companies.

For more information visit - the portal provides, free of charge, an online Software Asset Management Manual.

Do you believe you were a victim of piracy? Do you suspect or know of any case?
Click here and report

Collaboration: Microsoft
Source: ABES Portal


Federal Highway Police intensifies work on the country's north to south borders

The Federal Highway Police (PRF), in partnership with the Federal Revenue Service and the National Health Surveillance Agency, launched, throughout the month of September, numerous actions on the Brazilian borders.

In addition to the permanent presence that already existed on the southern limits of the country, inspections at the northern and western borders of Brazil were reinforced. With these new barriers intensified, the actions of Operation Sentinel, a strategic project of the Federal Government to fight transnational crimes, gains a new security belt that has already been working.

From Amapá to Rio Grande do Sul, the number of PRF operational units, located at points close to the borders, received reinforcement from agents from other states and groups specialized in fighting crime.
Trafficking in drugs, medicines and weapons, illegal entry of foreigners, evasion of foreign exchange, contraband and embezzlement, theft and theft of vehicles, environmental crimes were some of the illicit combated during the actions. The result is impressive: approximately 13 million reais were seized in smuggled goods - among which 57236 units of medication; 500 liters of fuel; 4529 liters of drinks and 11427 electronics units. In addition, 60 wild animals were also apprehended; thousand cubic meters of wood; 161
firearms among other materials.

Source: Social Communication Office of the Federal Highway Police

Network to track medicine starts operating in Brazil

Last October 08, the pharmaceutical Libbs, presented the first platform to track medicines. The goal is that by December 2016, the National Drug Control System (SNCM), will be operating and all industries will have similar mechanisms.

"The system will guarantee not only patient safety, but also facilitate health surveillance and the control of medication production in Brazil," said Health Minister Arthur Chioro.

With the new system, drug packaging should contain a two-dimensional bar code, a kind of RG. The mechanism will allow the identification of the place and date of production, form of distribution and point of sale. The minister is convinced that the system will allow control of the entire chain, making it easier to recognize possible cases of fraud, smuggling, cargo theft.

The schedule predicts that, by December 2015, all industries will place on the market at least three batches already produced with packaging that allows tracking. As of December 2016, the entire pharmaceutical market will have to have the mechanisms to do the tracking.

The National Health Surveillance Agency (Anvisa) commands a management committee formed by 25 public, private and third sector entities in charge of discussing the implementation of the system.

Source: O Estado de S.Paulo

Click here and read the full article

ABES launches Software Asset Management Manual

Like any other valuable resource within a company, software is an asset that needs effective management to avoid waste of investments or even future expenses. To guide IT Executives and other managers, the Brazilian Association of Software Companies (ABES) has just launched the ABES Software Asset Management Manual.

Available for free on the entity's website, the interactive manual shows how a company can maintain compliance with licensing policies, current legislation and also the most common mistakes made by companies.

Using a counterfeit copy of a computer program or improperly using an unauthorized license are some of the practices that configure software piracy.

Therefore, it is essential that companies make a control of the acquired assets to check if the licenses are being used correctly and not to suffer civil and legal penalties. This is because, software piracy and IT theft are crimes and the organization will be exposed to compensation, which can reach up to three thousand times the value of the counterfeit software program, and to prison sentences, which can last for four years.

“Our goal is to alert and help companies to implement a procedural methodology that follows the best practices in the market, helping companies to improve processes and make conscious investments”, comments Jorge Sukarie, president of ABES.

Source: ABES Portal
Collaboration: Microsoft

Click here and read the full article


Entities ask candidates for commitment against piracy, counterfeiting and smuggling

ETCO and the National Forum Against Piracy and Illegality (FNCP), together with 18 other entities, launched on September 16, in Brasília (DF), a letter of commitment for candidates and current occupants of legislative positions. . In the document, the institutions ask for measures to protect the national market from the harmful effects of piracy, counterfeiting and smuggling of consumer goods and services.

“This letter is a warning from industry and commerce to show that tenacity and political will are needed to protect the internal market. We are forwarding it to the candidates and current representatives in order to obtain a commitment to change the way the authorities face these problems ”, says ETCO's executive president, Evandro Guimarães.

In addition to the letter with direct protection measures, the entities also propose the creation of the National Day to Combat Smuggling, dated March 3. The day will serve to mark the fight against this serious misconduct, which harms the economy and society as a whole.

According to the FNCP, the losses caused by the illegal trade in goods and services in 2013 exceeded R $ 30 billion. "Illegality is also linked to tax evasion, the loss of formal jobs, as well as risks to the health of the consumer, who is at the mercy of uncontrolled products", points out the entity's president, Edson Luiz Vismona.

For the organization, the trade in illegal products is linked to crimes such as kidnapping, trafficking in arms, ammunition, drugs and people, money laundering and theft. Behind the purchases made in street vendors, there is the performance of sophisticated criminal networks that move billions of reais in illegal products.

Data collected by the FNCP show that in the city of São Paulo alone, between 2010 and 2012, more than R $ 2 billion in illegal goods were seized. In the Federal District, in 2013, 1,23 million products were seized. According to the IRS, in 2013, the total value of goods seized at the borders was R $ 1,68 billion, a fraction of what actually enters the country illegally.

To learn more, click here and check the letter of commitment

Also read article published in the Correio Braziliense newspaper

Click here and see Evandro Guimarães interview for Câmara radio